Legislative Alert

ENACTED LEGISLATION

NORTH CAROLINA: Second Chance Act signed by Governor

Summary: On June 25, 2020, Governor Cooper signed The Second Chance Act into law. The Act will allow individuals to petition for expunction of misdemeanors to clear their criminal record. Expungement can only occur under the following circumstances:

The offense was committed prior to December 1, 2019.
Active sentences, probation, or post-release supervision are completed and the individual has no restitution orders or civil judgments outstanding.
The individual committed the offense prior to turning 18 but after turning 16.

Effective December 1, 2020, individuals may file petitions for expunction of the following:

One nonviolent misdemeanor conviction after 5 years if no other misdemeanor or felony convictions exist.
Multiple nonviolent misdemeanor convictions after 7 years if no other misdemeanors or felony convictions exist.
One nonviolent felony conviction after 10 years if no other misdemeanors exist.

Cases that result in not guilty or dismissal on or after December 1, 2021 will automatically be expunged.

Impact(s): North Carolina employers

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COURT OPINIONS

U.S. DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS: Employer appeals Arbitration Award claiming positive drug test is insufficient for termination

Summary: A beverage wholesaler has filed a claim in federal court. This claim arose after an Arbitrator found that the employer’s termination of a CDL driver employee, who tested positive for a controlled substance, was without just cause. At the arbitration, the employee's Union argued that his drug use was at a party several days before the test and that he was not impaired at work.

The employer is arguing in the federal case that the Arbitrator did not focus his analysis on the correct standard and that it was overly broad. The employer contends that rather than "focusing on the question posed by the Union and Plaintiff as to whether the Plaintiff had just cause to terminate and then, if determined otherwise, what was the appropriate remedy - the Arbitrator instead focused on the overly broad issue of 'what should be the appropriate outcome for Plaintiff in light of his positive test result.'"

Impact(s): Massachusetts employers

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